Can an employer have a probationary employee terminated with no notice?
The answer to that depends on the company’s policy and the corporate laws it follows. The employer will have to ensure that such termination is being handled properly.
According to most of Canada’s employment standards, n employer can terminate the probationary employee within the statutory period. This statutory period comprises the first three months, where in the terminated employee is subjected without just cause, notice or pay.
However, the said termination must be based solely on the term ‘suitability’. The term simply means whether the employee in question is ‘suitable’ for the company / workplace or not. Suitability must not, above all, imply any discrimination. There has to be a standard measure and evidence that provision of fair opportunity is being exercised.
It will not matter if the termination is done early or approaching the end of the statutory period. If the employer wishes to extend the probationary period to 6 months, the probationary employees will now be subjected to notice and even pay but will still be assessed according to suitability and can be terminated if found unsuitable according to their measurements.
The employer might be obligated to pay the probationary employee during the extended period only with coverage after the statutory period until the end of the extended period. Having clear policies stated on the first day of orientation upon the start of the probationary period can lessen any related issues to be dealt with.
On the perspective of an employee, it is encouraging to ask, from the start, clear explanations from the employer on their acceptance and termination policies during the probationary period.